CEO postingsLeveraging the Internet's communications potential while managing the message to maintain corporate governance interests in information security, reputation and compliance

CEO postings

Leveraging the Internet's communications potential while managing the message to maintain corporate governance interests in information security, reputation and compliance

Reder

Margo E. K.

Reder, Margo E. K.

Dept. of Business Law, Carroll School of Management

Author

text

article

20092009monographic

2009

monographic

Englisheng

English

eng

electronicapplication/pdfreformatted digital

electronic

application/pdf

reformatted digital

For approximately eight years, Whole Foods Market, Inc. [Whole Foods] CEO John Mackey posted messages to Yahoo! Financial’s online message board for Whole Foods. Rather than using his real name, Mr. Mackey like many posters to chat rooms, created an online alter ego and posted his comments under a pseudonym. As “Rahodeb” Mr. Mackey promoted his Whole Foods chain, boasted about personal stock gains in Whole Foods stock, company plans and performance records, as well he criticized competitors. His actions raise profoundly important corporate governance questions and potentially implicate a range of legal challenges including securities, defamation, privacy, trade libel, copyright and trade secret laws. Perhaps tempted by the perception (or, is it more an illusion) of anonymity on the internet where posters perceive they are at once protected and liberated from further inquiry, Mr. Mackey’s actions raise novel questions especially in the area of securities regulation because of his position as an executive engaged in public communications about a publicly traded company. While there is extensive literature addressing issues raised by anonymous communications by employees, this present article focuses on anonymous communications by executives, thus triggering other legal and regulatory concerns. The specific legal issues are part of a broader set of concerns as executives’ messages are now communicated in an era with unlimited distribution potential. This reach and scope of executive communications impact company security, reputation and compliance. The author sets out recommendations on best practices for managing officer communications, clearly an issue of growing concern due to the increased modes and opportunities for communication.

Version of record.

Electronic reproduction. Chestnut Hill, Mass. : University Libraries, Boston College, 2009.

DePaul Business & Commercial Law Journal1542-276372179202pp. 179-202Winter 2009

DePaul Business & Commercial Law Journal

1542-2763

72179202pp. 179-202Winter 2009

179202pp. 179-202

179

202

pp. 179-202

Winter 2009

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Lawdepaulbclj-v7-reder-p179-qc-hiq.pdf

Business Law

depaulbclj-v7-reder-p179-qc-hiq.pdf

MChBEnglisheng

MChB

Englisheng

English

eng